Balochistan Civil Servants Act 1974

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EXTRAORDINARY REGISTERED NO. S-2771

The Balochistan GazettePUBLISHED BY AUTHORITY

No.41 QUETTA SATURDAY JULY 20, 1974

PROVINCIAL ASSEMBLY OF BALOCHISTAN

NOTIFICATION

Dated Quetta, the 19thJune, 1974.

No. Legis. x-(10/74. The Balochistan Civil Servants Bill, 1974 having beenpassed by the Provincial Assembly of Balochistan on 19 th June, 1974 andassented to by the Governor of Balochistan, is hereby published as an Act ofthe Provincial Assembly.

THE BALOCHISTAN CIVIL SERVANTS ACT, 1974.

BALOCHISTAN ACT NO. IX OF 1974

ANACT

to regulate the appointment of persons to, and the terms and

conditions of service of persons in, the service of Balochistan.

Preamble. WHEREAS it is expedient to regulate by law, the

appointment of persons to, and the terms and conditions ofservice of persons in, the service of Balochistan and toprovide for matters connected therewith or ancillarythereto;

It is hereby enacted as follows :

S h o r t t i t l eapplication andcommencement.

1. (1) This Act may be called the Balochistan CivilServants Act, 1974.

(2) It applies to all civil servants wherever theymay be.

(3) It shall be deemed to have come into forcefrom the 12th March, 1974.


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CHAPTER I

PRELIMINARY.

Definitions 2. (1) In this Act unless there is anythingrepugnant in the subject or context:-

(a) adhocappointment means appointment ofduly qualified person made otherwise than inaccordance with the prescribed method ofrecruitment, pending recruitment inaccordance with such method:

(b) civil servant means a person who is amember of a civil service of the Province of

Balochistan or who holds a civil post inconnection with the affairs of the Province,but does not include:-

(i) a person who is on deputation to theProvince of Balochistan from theFederation or from any Province orother authority; or

(ii) a person who is employed on contract,or on work charged basis, or who ispaid from contingencies; or

(iii) a person who is a worker or workmanas defined in the Factories Act, 1934(XXV of 1934) or the WorkmansCompensation Act, 1923 (VIII of 1923);

(c) initial appointment means appointmentmade otherwise than by promotion ortransfer;

(d) pay means the amount drawn monthly by a

civil servant as pay, and includes technicalpay, special pay, personal pay and any otheremoluments declared by prescribed authorityto be pay;

(e) permanent post means a post sanctionedwithout limit of time;

(f) prescribed means prescribed by rules;

(g) rules means rules made or deemed to havebeen made under this Act;


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1Proviso deleted by Act. IV of 1982.

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(h) selection authority means the BalochistanPublic Service Commission, a DepartmentalSelection Board, Departmental SelectionCommittee or body on the recommendation of,or in consultation with which any

appointment or promotion, as may beprescribed, is made;

(i) temporary post means a post other than apermanent post.

(2) For the purpose of this Act an appointment,whether by promotion or otherwise, shall be deemed to havebeen made on regular basis if it is made in the prescribedmanner.

CHAPTER II

TERMS AND CONDITIONS OF SERVICEOF BALOCHISTAN CIVIL SERVANTS.

T e r m s a n dConditions.

3. The terms and conditions of service of a civilservant shall be as provided in this Act and the rules.

Tenure of office ofcivil servants.

4. Every civil servant shall hold office during thepleasure of the Government of Balochistan.

Appointments. 5. Appointments to the Balochistan Service or to acivil service of the Province of Balochistan or to a civilpost in connection with the affairs of the Province ofBalochistan shall be made in the prescribed manner bythe Government of Balochistan or by a person authorisedby it in that behalf.

Probation. 6. (1) An initial appointment to a service or post

referred to in section 5, not being an adhocappointment,shall be on probation as may be prescribed.

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[* * * * * * * * * * * * * * * * ](2) Any appointment of a civil servant by

promotion or transfer to a service or post may also be madeon probation as may be prescribed.

(3) Where, in respect of any service or post, thesatisfactory completion of probation includes the passing ofa prescribed examination, test or course or successfulcompletion of any training, a person appointed on probationto such service or post who, before the expiry of the originalor extended period of his probation, has failed to pass such


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2Full-stop added and thereafter omitted by Ord. III of 1983.

3Words or gradeomitted by Ord. VI of 1984.

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examination or test or to successfully complete course orthe training shall, except as may be prescribed otherwise:-

(a) if he was appointed to such service or post byinitial recruitment, be discharged ; or

(b) if he was appointed to such service or post bypromotion or transfer, be reverted to theservice or post from which he was promotedor transferred and against which he holds alien or, if there be no such service or post, bedischarged:

Provided that, in the case of initial appointment to aservice or post, a civil servant shall not be deemed to havecompleted his period of probation satisfactorily until hischaracter and antecedents have been verified as satisfactory

in the opinion of the appointing authority.

Confirmation. 7. (1) A person appointed on probation shall,on satisfactory completion of his probation, be eligiblefor confirmation in a service or, as the case may be, apost as may be prescribed 2[.]

2[ * * * * * * * * * * * * *]

(2) A civil servant promoted to a post 3[*******]on regular basis shall be eligible for confirmation after

rendering satisfactory service for the period prescribed forconfirmation therein.

(3) There shall be no confirmation against anytemporary post.

(4) A civil servant who, during the period of hisservice, was eligible to be confirmed in any service oragainst any post retires from service before being confirmedshall not, merely by reason of such retirement, be refusedconfirmation in such service or post or any benefits

accruing therefrom.

(5) Confirmation of a civil servant in a service orpost shall take effect from the date of occurrence ofpermanent vacancy in that service or post or from the dateof continuous officiation, in such service or post, whicheveris later.


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4Subs. for grade by Ord. VI of 1984.

5Subs. for Service or grade by Ord. VI of 1984.

6Subs.ibid for grade

7Subs. ibid.

8Inserted by Ord. VI of 1984

9 Words the higher grade of omitted ibid.

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Seniority. 8. (1) For proper administration of a service,cadre or 4[post], the appointing authority shall cause aseniority list of the members for the time being of suchservice cadre or 4[post] to be prepared, but nothingtherein contained shall be construed to confer any

vested right to a particular seniority in such service,cadre or 4[post] as the case may be.

(2) Subject to the provisions of sub-section (1),the seniority of a civil servant shall be reckoned in relationto other civil servants belonging to the same 5[service orcadre], whether serving in the same department or office ornot, as may be prescribed.

(3) Seniority on initial appointment to a service,6[cadre] or post shall be determined as may be prescribed.

7[(4) Seniority in the post, service or cadre towhich a civil servant is promoted shall take effect from thedate of regular appointment to that post:

Provided that civil servants who are selected forpromotion to a higher post in one batch shall on theirpromotion to the higher post, retain their seniority as inthe lower post.]

Promotion. 9. (1) A civil servant possessing such minimumqualifications as may be prescribed shall be eligible for

promotion to a

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[higher] post for the time being reservedunder the rules for departmental promotion in 9[********]the service or cadre to which he belongs.

(2) A post referred to in sub-section (1) may eitherbe a selection post or a non-selection post to whichpromotion shall be made as may be prescribed:-

(a) in the case of a selection post on the basis ofselection on seniority-cum- merit; and

(b) in the case of a non-selection post, on the

basis of seniority-cum- fitness.


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10Subs for grade by Ord. VI of 1984

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P o s t i n g a n dtransfers.

10. Every civil servant shall be liable to serve anywhere within or outside the Province of Balochistan inany post under the Federal Government, or anyProvincial Government or local authority, or acorporation or body set up or established by any such

Government:

Provided that nothing contained in this section shallapply to a civil servant recruited specifically to serve in aparticular area or region:

Provided further that, where a civil servant isrequired to serve in a post outside his service or cadre, histerms and conditions of service as to his pay shall not beless favourable than those to which he would have beenentitled if he had not been so required to serve.

Termination ofservice.

11. (1) The service of a civil servant may beterminated after expiry of one months notice served onhim for the purpose of payment of one monthss salaryin lieu of such notice:-

(i) during the initial or extended period of hisprobation:

Provided that, where such civil servantis appointed by promotion on probation or, as

the case may be is transferred from one10[service], cadre or post to another 10[service],cadre or post, his service shall not be soterminated so long as he holds a lien againsthis former post in such 10[service] or cadre,but he shall be reverted to his former10[service], cadre or post, as the case may be;

(ii) on the expiry of the initial or extended periodof his employment; or

(iii) if the appointment is made adhocterminable

on the appointment of a person on therecommendation of the selection authority, onthe appointment of such person.

(2) Where, on the abolition of a post or reductionin the number of posts in a cadre or 10[service], the servicesof a civil servant are required to be terminated, the personwhose services are terminated shall ordinarily be the onewho is the most junior in such cadre or 10[service].


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11Inserted by Ordinance. XIV of 2001

12Inserted by Act No. VIII of 2003

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(3) Notwithstanding the provisions ofsub-section (1), but subject to the provisions of sub- section(2), the service of a civil servant in temporary employment

or appointed adhoc shall be liable to termination onfourteen days notice or pay in lieu thereof.

11[11-A. Absorption of Civil Servants renderedsurplus:- Notwithstanding anything contained in this Act,the rules, agreement, contract or the terms and conditionsof service, a civil servant who is rendered surplus as aresult of re-organization or abolition of a department, officeor abolition of a post in pursuance of any Governmentdecision may be appointed to a post, carrying basic payscale equal to the post held by him before suchappointment, if he possesses the qualifications and fulfilsother conditions applicable to that post:

Provided that where no equivalent post is availablehe may be offered a lower post in such manner, and subjectto such conditions, as may be prescribed and where suchcivil servant is appointed to a lower post the pay beingdrawn by him in the higher post immediately preceding hisappointment to lower post shall remain protected.]

12[11-B (1) Where it is brought to the notice of theappointing authority that appointment of a person to a civilpost was made without observing the prescribed procedureor without fulfilling the prescribed qualification, experienceand age limit, it may send a reference to the BalochistanPublic Service Commission for determination whether he isfit to held the post to which he was appointed and, if not,whether he is fit to hold any other post compatible with hisqualification and experience.

(2) On receipt of the advice of the BalochistanPublic Service Commission on a reference made under subsection (1), the appointing authority may pass such orderof appointment or termination of services as may beconsidered by it to be just and equitable.

Provided that if it is proposed to pass order oftermination of services in the light of the advice of theCommission, a reasonable opportunity of showing causeagainst the order of termination, shall be provided.

(3) Where an order of appointment is made on theadvice of the Commission, it shall be treated as a case offresh appointment.]


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13Subs by Ord. VI of 1984

14Subs by Ord. VI of 1984

15Words or grade omitted by Ord. VI of 1984

16Sec. 12-A added by Ord. XIV of 1978.

17Words :or grade omitted by Ord. VI of 1984.

18Subs. by Ord. IV of 2000

19Substituted by Ord. LII of 2001.

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Reversion to alower 13[post].

12. A civil servant appointed to a higher post,14[before the first day of July, 1983; to a higher post]

adhoc or on temporary or officiating basis shall beliable to reversion to his lower post 15[*******] withoutnotice.

16[Certain personsto be liable tor e m o v a l o rreversion.

12-A. Notwithstanding anything contained in his termsand conditions of service, a civil servant appointed orpromoted during the period from the first day of

January, 1972, to the fifth day of July, 1977, may beremoved from service or reverted to his lower post17[********], as the case may be, without notice, by theGovernor or a person authorised by him in this behalf,on such date as the Governor or, as the case may be,the persons so authorised may, in the public interest,direct.]

18[Retirement fromservice.

13. (1) A civil servant shall retire from service:-

(i) On such date after he has completed19[twenty] years of service qualifying forpension or other retirement benefits asthe competent authority may, inpublic, interest, direct: or

(ii) Where no direction is given under

clause (i), on the completion of thesixtieth year of his age.]

(2) No directions under clause (i) of sub-section (1) shallbe made until the civil servant has been informed in writingof the grounds on which is proposed to make the direction,and has been given a reasonably opportunity of showingcause against the said direction.

Explanation: In this Section Competent Authoritymeans the appointing authority prescribed in Rule 4 of theBalochistan Civil Servants (Appointment, Promotion and

Transfer) Rules, 1979.


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20Words or grade omitted by Ord. VI of 1984.

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Employment afterretirement.

14. (1) A retired civil servant shall not ordinarilybe after retirement re-employed under the BalochistanGovernment, unless such re-employment is necessaryin the public interest and is made with the priorapproval of the authority next above the appointing

authority:

Provided that, where the appointing authority is theGovernment, such re-employment may be ordered with theapproval of the Government.

(2) Subject to the provisions of sub-section (1) ofsection 3 of the Ex-Government Servants (Employment withForeign Governments) (Prohibition) Act, 1966 (XII of 1966),a civil servant may, during leave preparatory to retirement,or after retirement from Government service, seek any

private employment:

Provided that, where employment is sought by acivil servant while on leave preparatory to retirement withintwo years of the date of his retirement, he shall obtain theprior approval of the prescribed authority.

Conduct. 15. The conduct of a civil servant shall be regulatedby rules made, or instructions issued, by Governmentor a prescribed authority, whether generally or inrespect of a specified group or class of civil servants.

Ef f ic iency andDiscipline.

16. A civil servant shall be liable to prescribeddisciplinary action and penalties in accordance with theprescribed procedure.

Pay. 17. A civil servant appointed to a post 20[*****] shallbe entitled, in accordance with the rules, to the paysanctioned for such post 20[********]:

Provided that, when the appointment is made on a

current-charge basis or by way of additional charge, his payshall be fixed in the prescribed manner:

Provided further that where a civil servant has, underan order which is later set aside, been dismissed orremoved from service or reduced in rank, he shall, on thesetting aside of such order, be entitled to such arrears ofpay as the authority setting aside such order maydetermine.


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Leave 18. A civil servant shall be allowed leave inaccordance with the leave rules applicable to him,provided that the grant of leave will depend on theexigencies of service and be at the discretion of thecompetent authority.

P e n s i o n a n dgratuity.

19. (1) On retirement from service, a civil servantshall be entitled to receive such pension, or gratuity, asmay be prescribed.

(2) In the event of the death of a civil servant,whether before or after retirement, his family shall beentitled to receive such pension, or gratuity, or both, asmay be prescribed.

(3) No pension shall be admissible to a civilservant who is dismissed or removed from service forreasons of discipline, but Government may sanctioncompassionate allowance to such a civil servant, notexceeding two-thirds of the pension or gratuity which wouldhave been admissible to him had he been invalided fromservice on the date of such dismissal or removal.

(4) If the determination of the amount of pension orgratuity admissible to a civil servant is delayed beyond onemonth of the date of his retirement or death, he or hisfamily, as the case may be, shall be paid provisionally suchanticipatory pension or gratuity as may be determined by

the prescribed authority, according to the length of serviceof the civil servant which qualifies for pension or gratuity;and any overpayment consequent on such provisionalpayment shall be adjusted against the amount of pensionor gratuity finally determined as payable to such civilservant or his family.

Provident Fund. 20. (1) Before the expiry of the third month ofevery financial year, the accounts officer or other officerrequired to maintain provident fund accounts shallfurnish to every civil servant subscribing to a provident

fund the account of which he is required to maintain astatement under his hand showing the subscriptions to,including the interest accruing there on, if any, andwithdrawals or advances from, his provident fundduring the preceding financial year.

(2) Where any subscription made by a civilservant to his provident fund has not been shown orcredited in the account by the accounts officer or otherofficer required to maintain such account, suchsubscription shall be credited to the account of the civilservant on the basis of such evidence as may be prescribed.


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21. Words or grade omitted by Ord. VI of 1984.

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Benevolent Funda n d G r o u pInsurance.

21. All civil servants and their families shall beentitled to the benefits admissible under the WestPakistan Government Servants Benevolent FundOrdinance, 1960 (West Pakistan Ordinance XIV of1960), and the West Pakistan-Government Employees

Welfare Fund Ordinance, 1969 (West PakistanOrdinance I of 1969) and the rules made thereunder.

Right of appeal orrepresentation.

22. (1) Where a right to prefer an appeal or applyfor review in respect of any order relating to the termsand conditions of his service is provided to a civilservant under any rules applicable to him, such appealor application shall, except as may be otherwiseprescribed be made within thirty days of the date ofsuch order.

(2) Where no provision for appeal or review existsunder the rules in respect of any order or class of orders acivil servant aggrieved by any such order may, within thirtydays of the communication to him of such order, make arepresentation against it to the authority next above theauthority which made the order:

Provided that no representation shall lie on mattersrelating to the determination of fitness of a person to holda particular post or to be promoted to a higher post21[*******].

CHAPTER III

MISCELLANEOUS.

Saving. 23.- Nothing in this Act or in any rule shall be construedto limit or abridge the power of the Government ofBalochistan to deal with the case of any civil servant insuch manner as may appear to it to be just and equitable:

Provided that, where this Act or any rule is applicableto the case of a civil servant, the case shall not be dealt within any manner less favourable to him than that provided bythis Act or such rule.


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22Inserted by Ord. VII of 2002.

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22[Indemnity. 23A. No suit, prosecution or other legal proceedingsshall lie against a civil servant for anything done in hisofficial capacity which is in good faith done or intendedto be done under this Act or the rules, instructions ordirections made or issued thereunder.

Jurisdiction barred. 23B. Save as provided under this Act and the ServiceTribunals Act, 1974 or the rules made thereunder, noorder made or proceedings taken under this Act, or therules made thereunder by the Governor or any officerauthorized by him shall be called in question in anyCourt and no injunction shall be granted by any Courtin respect of any decision made, or proceedings taken inpursuance of any power conferred by, or under, this Actor the rules made thereunder.]

R e m o v a l o f difficulties.

24. If any difficulty arises in giving effect to any of theprovisions of this Act the Government of Balochistanmay make such order, not inconsistent with theprovisions of this Act, as may appear to it to benecessary for the purpose of removing the difficulty:

Provided that no such power shall be exercised afterthe expiry of one year from the coming into force of this Act.

CHAPTER IV- RULES.

25. (1) The Government or any person authorisedby it in this behalf, may make such rules as appear tohim to be necessary or expedient for carrying out thepurposes of the Act.

(2) Any rules, orders or instructions in respect ofany terms and conditions of service of civil servants dulymade or issued by an authority competent to make themand in force immediately before the commencement of thisAct shall, in so far as such rules, orders or instructions are

not inconsistent with the provisions of this Act, be deemedto be rules made under this Act.


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23See Ord. IV of 1982 and III of 1983.

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23[Validations. Notwithstanding anything contained in theBalochistan Civil Servants Act, 1974 (IX of 1974),anything done, actions taken, order made under thisAct, or any other law or rules, prior to coming in force ofthis Ordinance, shall be deemed to have been validly

done, taken, or made, as if this Ordinance was in forceon the day on which such thing, action or order wasdone, taken or made.]

MUHAMMAD ATHARSecretary,

Provincial Assembly of Balochistan.


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Documents

Balochistan Civil Servants Act 1974